Oregon Injury Law Blog
Tag: Lost Wages
Do I need a lawyer if my damages from a Personal Injury are less than $10,000?
Oregon has created a law (ORS 20.080) which is intended to level the playing field for injured parties with smaller claims and to promote these injured parties’ ability to get legal counsel. Generally, the law accomplishes this by awarding lawyer fees to a party who successfully uses a attorney to represent them in recovering their damages (medical costs, property losses, and other expenses including as lost wages). These fees for your Attorney are awarded if you make a demand for payment under $10,000.00, and the defendant (or their insurance company) declines the offer or offers less than you demand. If you subsequently are awarded more, you are also entitled to attorney fees under the law.
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What is an Oregon Wrongful Death Lawsuit?
A "wrongful death” lawsuit primarily occurs when an accident causes the death of another person because of negligence. Under Oregon law, ORS 30.020 defines "wrongful death" as a ”death caused by the wrongful act or omission of another." This usually is because of the reckless, negligent, or intentional act of someone else. Mainly, if it weren’t for the actions of another person, the deceased would still be alive.
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The Non-Lawyer's Quick Guide to Depositions
A deposition is an oral testimony taken under oath before a trial or arbitration. It is customary that depositions be taken of the parties to a lawsuit. Often depositions are also taken of witnesses and others who might testify at trial. Even though it often takes place in a conference room or office, and the setting is somewhat informal, it is a very important event in any lawsuit.
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What should I do after a Personal Injury injury?
After an accident, your injury attorney should have you do many things to maximize your financial recovery from your injury. From documenting your accident and creating an injury diary, to working with your doctor and documenting your lost wages, there are many pieces to your economic recovery. You should consult with an attorney as soon as possible after your accident to coordinate.
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What is an Oregon Letter of Protection?
During the time of treatment, insurance may or may not be paying the bills, but medical providers still need to get paid. To protect their interests, these medical providers may request a “Letter of Protection” from the personal injury attorney to ensure that their bills get paid at the time of settlement.
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What Is Oregon Personal Injury Protection (PIP)?
Your liability coverage may include Personal Injury Protection ("PIP") or Medical Payments ("Med Pay") benefits. PIP provides a source of payment for YOUR medical bills and some of YOUR wage loss following an auto accident. Further, PIP is no-fault, meaning that it will begin paying on your injuries immediately, rather than waiting for liability to be determined. Similarly, Med Pay provides some coverage for YOUR medical bills. These are called "no-fault" coverages because they pay even if the accident is your fault.
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